The Jewish Ethicist: Intention to Mislead

In representing my firm, can I tell a white lie?

Q. My industry research for my consulting firm requires me to call up companies to ask about their businesses. In order to allay suspicions about my motives, I tell them I am a student studying their industry. Can I continue with this practice?

A. Jewish law takes a very negative view of misleading practices. The legal term we use is geneivat da'at, or "stealing judgment." The terminology reveals the underlying ethical judgment: that misleading others is akin to stealing from them.

Even passive misleading is condemned. The Talmud tells the story of the great Talmudic sage Mar Zutra who set out for the town of Machoza. On the way he met two distinguished scholars, Rava and Rav Safra, and told them how honored he was that they took the trouble to come and greet him on the way.

Rav Safra gently disabused Mar Zutra of his mistake, saying: "Of course if we had known you were coming we would have taken even more trouble." Rava then explained that it was unnecessary to make an explanation, since Mar Zutra had no real basis to think they were coming to greet him. But if the circumstances really had pointed to this conclusion, there would have been an obligation to make clear to Mar Zutra that they hadn't exerted themselves on his behalf, to avoid creating a false sense of obligation and gratitude towards them. (1)

It's true that an occasional "white lie" is sanctioned. The school of Hillel teach that we should always praise the bride at a wedding, calling her "comely and charming." The opposing academy of Shammai objected: The Torah tells us "Distance yourself from falsehood!" (Exodus 23:7) The students of Hillel explain that she is certainly comely and charming in the eyes of the groom, so there is no misleading here. (2)

Likewise, our tradition tells us that Aaron used to make peace between feuding neighbors or spouses by telling each one that the other is sorry for his behavior and anxious to make peace. In the end, Aaron's story became self-fulfilling and the two sides would be reconciled. (3)

However, there are several important differences between these cases and your question. The main difference is that in the cases of Hillel and Aaron, the "white lie" is actually for the benefit of the person being misled. The bride is happy to hear herself praised, and the neighbors are happy to be reconciled. This is much different than your case, where the misleading statement is meant only for your own benefit.

Another difference is that your practice is habitual. The Talmud tells the story of Rav, who had a strained relationship with his wife. Often when he would make a request, she would do exactly the opposite. When he began to relay requests through their son Chiya, Rav's wife began to respect his requests. When Rav mentioned this to his son, Chiya corrected him, explaining that he reversed the requests! Rav praised his son's sensitivity but instructed him not to continue, since this was an ongoing practice and could accustom and inure him to untruth. (4) He quoted the reproof of the prophet Jeremiah (9:4): "And each one mocks his fellow, and truth they tell not; they accustomed their tongue to falsehood, they are weary from iniquity."

Since you work for a large firm, this practice is almost certainly forbidden by your employer's code of ethics, which is binding for you. Virtually all large firms today have explicit clauses forbidding this kind of action. For example, the code of ethics of the Society of Competitive Intelligence Professionals requires members "To accurately disclose all relevant information, including one's identity and organization, prior to all interviews."

It seems to me that this practice is not only improper, but also counterproductive. The companies you contact are obviously suspicious that your call is from a competitor or muckraker or the like. A vague explanation that you are an "interested student" probably does little to allay their fears. It's not like you say, "My name is Shira Schwarz and I'm an MBA student at Shlepp State University, doing a paper on your industry." If you were to clearly identify your name, your firm, and your objective, making clear that you are only a researcher and not an adversary, you would do much more to reassure them. A letter from your firm's secure server, together with a cc to some responsible individual, will go a long way to convince them that you are on the up and up.

Try also to make the subject a beneficiary of their participation. For example, promise to provide them with some of the results of your research. Our Center does much research, and when we ask companies for information, we generally promise to send them afterwards a brief summary of our findings.

The Jewish Ethicist presents some general principles of Jewish law. For specific questions and direct application, please consult a qualified Rabbi.

The Jewish Ethicist is a joint project of Aish.com and the Business Ethics Center of Jerusalem. To find out more about business ethics and Jewish values for the workplace, visit the Business Ethics Center of Jerusalem at www.besr.org.

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About the Author

Rabbi Dr. Asher Meir is Research Director at the Business Ethics Center of Jerusalem (www.besr.org). He studied at Harvard, received a PhD in Economics from MIT, and rabbinic ordination from the Israeli Chief Rabbinate. Prior to moving to Israel, he worked at the Council of Economic Advisers in the Reagan administration. Rabbi Dr. Meir is also a Senior Lecturer in Economics at the Jerusalem College of Technology and has published several articles on business, economics and Jewish law. He is the author of the two-volume, "Meaning in Mitzvot (Feldheim), and his Aish.com columns form the basis of the "Jewish Ethicist" book (ktav.com).

I live in rural Montana where the Cholov Yisrael milk is difficult to obtain and very expensive. So I drink regular milk. What is your view on this?

The Aish Rabbi Replies:

Jewish law requires that there be rabbinic supervision during the milking process to ensure that the milk comes from a kosher animal. In the United States, many people rely on the Department of Agriculture's regulations and controls as sufficiently stringent to fulfill the rabbinic requirement for supervision.

Most of the major Kashrut organizations in the United States rely on this as well. You will therefore find many kosher products in America certified with a 'D' next to the kosher symbol. Such products – unless otherwise specified on the label – are not Cholov Yisrael and are assumed kosher based on the DOA's guarantee.

There are many, however, do not rely on this, and will eat only dairy products that are designated as Cholov Yisrael (literally, "Jewish milk"). This is particularly true in large Jewish communities, where Cholov Yisrael is widely available.

Rabbi Moshe Feinstein wrote that under limited conditions, such as an institution which consumes a lot of milk and Cholov Yisrael is generally unavailable or especially expensive, American milk is acceptable, as the government supervision is adequate to prevent non-kosher ingredients from being added.

It should be added that the above only applies to milk itself, which is marketed as pure cow's milk. All other dairy products, such as cheeses and butter, may contain non-kosher ingredients and always require kosher certification. In addition, Rabbi Feinstein's ruling applies only in the United States, where government regulations are considered reliable. In other parts of the world, including Europe, Cholov Yisrael is a requirement.

There are additional esoteric reasons for being stringent regarding Cholov Yisrael, and because of this it is generally advisable to consume only Cholov Yisroel dairy foods.

In 1889, 800 Jews arrived in Buenos Aires, marking the birth of the modern Jewish community in Argentina. These immigrants were fleeing poverty and pogroms in Russia, and moved to Argentina because of its open door policy of immigration. By 1920, more than 150,000 Jews were living in Argentina. Juan Peron's rise to power in 1946 was an ominous sign, as he was a Nazi sympathizer with fascist leanings. Peron halted Jewish immigration to Argentina, introduced mandatory Catholic religious instruction in public schools, and allowed Argentina to become a haven for fleeing Nazis. (In 1960, Israeli agents abducted Adolf Eichmann from a Buenos Aires suburb.) Today, Argentina has the largest Jewish community in Latin America with 250,000, though terror attacks have prompted many young people to emigrate. In 1992, the Israeli Embassy in Buenos Aires was bombed, killing 32 people. In 1994, the Jewish community headquarters in Buenos Aires was bombed, killing 85 people. The perpetrators have never been apprehended.

Be aware of what situations and behaviors give you pleasure. When you feel excessively sad and cannot change your attitude, make a conscious effort to take some action that might alleviate your sadness.

If you anticipate feeling sad, prepare a list of things that might make you feel better. It could be talking to a specific enthusiastic individual, running, taking a walk in a quiet area, looking at pictures of family, listening to music, or reading inspiring words.

While our attitude is a major factor in sadness, lack of positive external situations and events play an important role in how we feel.

[If a criminal has been executed by hanging] his body may not remain suspended overnight ... because it is an insult to God (Deuteronomy 21:23).

Rashi explains that since man was created in the image of God, anything that disparages man is disparaging God as well.

Chilul Hashem, bringing disgrace to the Divine Name, is one of the greatest sins in the Torah. The opposite of chilul Hashem is kiddush Hashem, sanctifying the Divine Name. While this topic has several dimensions to it, there is a living kiddush Hashem which occurs when a Jew behaves in a manner that merits the respect and admiration of other people, who thereby respect the Torah of Israel.

What is chilul Hashem? One Talmudic author stated, "It is when I buy meat from the butcher and delay paying him" (Yoma 86a). To cause someone to say that a Torah scholar is anything less than scrupulous in meeting his obligations is to cause people to lose respect for the Torah.

Suppose someone offers us a business deal of questionable legality. Is the personal gain worth the possible dishonor that we bring not only upon ourselves, but on our nation? If our personal reputation is ours to handle in whatever way we please, shouldn't we handle the reputation of our nation and the God we represent with maximum care?

Jews have given so much, even their lives, for kiddush Hashem. Can we not forego a few dollars to avoid chilul Hashem?

Today I shall...

be scrupulous in all my transactions and relationships to avoid the possibility of bringing dishonor to my God and people.

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